Abbott v. West Extension Irrigation District

Defendant is a municipal corporation that owns a 26-mile long irrigation canal in Umatilla County. The canal was built in 1916 and includes a right of way 100 to 200 feet wide on both sides of its course. Part of the canal is in a residential area in the city of Umatilla. It is not fenced, and no warning signs are posted along it. On September 12, 1987, plaintiffs 4-year-old son, Justin, fell into it and drowned. Plaintiff brought a wrongful death action, asserting that defendant was negligent in several respects, including maintaining the canal as an attractive nuisance. The jury found that…